The Police have distanced themselves from a case in which Embu farmer and activist Simon Gikundo was arrested, terming it civil.
Yesterday as Simon reported to Capital Hill police station, the Police refunded him his sh10, 000 bond he had paid when he was arrested on 24th November in Embu town. He was then transported to Nairobi and held, only to be released on Sunday evening after he paid the police bond, pending further investigations.
The WhatsApp post that got Mr. Simon Gikundo in trouble was;
Umezoea kuchukua vijana, unawafanya bwana zako, unawalipia life insuarance, ikikomaa unamroga anakufa…
Unalipwa pesa mingi baadaye unatulingia vile unajua kuchora ati na wewe ni child wa sonko..saa hio watoto wa wengine wako chini ya mchanga..
Mothers ombeni sana juu huyu dada ako katika biashara,na anaifanya na watoto wenu wakiume…
Even her close friends knows this, because The gods makes them keep on talking about boy child in trouble…
And she is very proud, her spirit is running high..she talks like a queen, she drives big fuel guzzlers. and young falls in her trap easily…
And makeups is her generall outlook…
Her eyes shines wild fire, that no young man can withstand her moves..
This red eyed woman needs condemnation.
He was arrested after the nominated MCA who is also the Embu County Chief Whip complained to the police of cyber harassment.
Mr. Gikundo was to appear before Chief Magistrate’s Court in Milimani on Friday 30th November, to face charge of Misuse of Telecommunication System. But he wasn’t charged.
The section that made this an offence was declared unconstitutional three years ago by Justice Mumbi Ngugi.
In failing to prosecute him, the MCA sent him a defamatory notice from her lawyer, Jackson Awele. In the notice, the MCA says Mr. Gikundo cause her embarrassment and exposed her to public ridicule. She wants him to delete the posts, apologize as well as pay her damages.
Simon and Hon. Mbuya are known to each other. When she vied for the MCA seat for Nthawa Ward in Embu County, he was among people who supported her bid. They have recently differed over operations at the County Assembly of Embu.
The Bloggers Association of Kenya (BAKE) secured the services of lawyer Kennedy Murunga to represent Simon in the case.